Common use of Submetering Clause in Contracts

Submetering. To the extent that the Leased Premises come to be supplied with electricity through a submeter, Tenant shall pay, in addition to Base Rent, the actual cost per kilowatt hour of electricity, without surcharge by Landlord, based on Tenant’s actual usage determined on a submeter. Tenant shall also pay any actual costs, fees or charges billed to Landlord by any third party as a fee for delivering electricity through the submeter, or for reading the submeter and billing the submetered electricity. In the event it is necessary to install a submeter or submeters for the Leased Premises, the cost of such installation may be paid from the Work Allowance. The electric current shall be provided for Tenant’s reasonable use in the Leased Premises for ordinary lighting, personal computers, servers and workstations, light office equipment and the usual small business machines, including Xerox or other copying machines, during regular Business Hours. Landlord shall not be liable or responsible to Tenant for any loss or damage or expense that Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants, employees, contractors or invitees. Landlord shall have the right to adjust the charges to Tenant for the consumption of electric current for the Leased Premises if such consumption results in additional charges from the utility company based upon rates for demand usage or peak hour consumption. If any tax is imposed by any governmental authorities upon Landlord’s receipts from the sale or resale of electric current to Tenant, Tenant covenants and agrees that, where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord.

Submetering. To the extent that the Leased Premises come to be supplied with electricity through Landlord shall, at Landlord's sole cost and expense, install a submeter, Tenant shall pay, in addition to Base Rentmeter or meters (collectively, the actual cost per kilowatt hour of electricity"Submeter"), without surcharge at a location designated by Landlord, based on Tenant’s actual usage determined on a submeterconnections from the risers and/or circuits servicing the demised premises to the Submeter and perform all other work necessary for the furnishing of electric current by Landlord to the demised premises in the manner provided for in this Subdivision 1. Tenant shall also pay any actual costsThe Landlord hereby warrants that as of the date of this lease, fees or charges billed to Landlord by any third party as a fee for delivering electricity through the submeter, or for reading the submeter and billing the submetered electricity. In the event it is necessary legal to install a submeter or submeters for the Leased Premises, the cost of such installation may be paid from the Work Allowanceas stated within this lease. The If and so long as electric current shall be provided for is supplied by Landlord to the demised premises to service Tenant’s reasonable use in the Leased Premises for ordinary lighting, personal computers, servers and workstations, light 's office equipment and the usual small business machinesmachinery and mechanical equipment for the air-conditioning units utilized by Tenant, including Xerox if any, Tenant will pay Landlord or other copying machinesLandlord's designated agent, as additional rent for such service the amounts, as determined by the Submeter, for the purpose of measuring Tenant's consumption and demand. The additional rent payable by Tenant pursuant to this Subdivision 1, shall be computed in the same manner as that for computation of Landlord's Cost, as applied to the demised premises plus an amount equal to ten (10) percent of the cost of electricity for administrative costs. The amounts computed from the Submeter together with the Overhead Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant unless Tenant reasonably disputes the same. If the Submeter should fail to properly register or operate at any time during regular Business Hours. the term of this lease for any reason whatsoever, or if Landlord shall not read the Submeter at the end of each month, Landlord shall reasonably estimate the Electricity Additional Rent based upon an ERIF of $2.50 per rentable square foot annual figure, and when the submeter is again properly operative or read, an appropriate reconciliation shall be liable made quarterly, by Tenant paying any deficiency to Landlord within thirty (30) days after receipt of written notice, or responsible by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time, increase the Electricity Additional Rent based upon any increase in the rates charged to Landlord from the Utility. The periods to be used for the aforesaid computation shall be the immediately preceding month for which submeter readings are available unless the parties agree to the contrary. Where more than one meter measures the electric service to Tenant, the electric service rendered through each meter may be computed and billed at Landlord's option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant for any loss or damage or expense that Tenant at such time as Landlord may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants, employees, contractors or invitees. Landlord shall have the right to adjust the charges to Tenant for the consumption of electric current for the Leased Premises if such consumption results in additional charges from the utility company based upon rates for demand usage or peak hour consumptionelect. If any tax is imposed by any governmental authorities upon Landlord’s 's receipts from the sale or resale of electric current to TenantTenant by any Federal, State or municipal authority, Tenant covenants and agrees that, where permitted unless prohibited by law, Tenant’s pro-rata share 's Percentage of such taxes shall be passed on to, and included in the xxxx of, and paid by, by Tenant to LandlordLandlord as additional rent.

Submetering. To Landlord shall install a meter or meters (collectively, the extent that “Submeter”) at locations designated by Landlord. If and so long as electric current is supplied by Landlord to the Leased Premises come or other Tenant controlled areas to be supplied with electricity through a submeterservice Tenant’s equipment and the HVAC units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant shall paywill pay Landlord or Landlord’s designated agent, in addition to Base Rentas Additional Rent for such service, the actual cost per kilowatt hour amounts, as determined by the Submeter, for the purpose of electricity, without surcharge by Landlord, based on measuring Tenant’s actual usage determined on a submeterconsumption and demand. Tenant Such service shall also pay any actual costsbe computed at the Electricity Cost, fees or charges billed to Landlord by any third party as plus a fee (the “Overhead Charge”) equal to ten percent (10%) of such charge, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the “Electricity Additional Rent”. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the HVAC units, and/or other appurtenant equipment servicing the Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for delivering electricity through the submeter, or for reading Electricity Additional Rent (the submeter and billing the submetered electricity“Bills”) shall be rendered to Tenant at such time as Landlord may elect. In the event it is necessary to install a submeter or submeters for that such Bills are not paid within five (5) days after the Leased Premisessame are rendered, Landlord may, upon five (5) days’ notice, discontinue the cost of such installation may be paid from the Work Allowance. The electric current shall be provided for Tenant’s reasonable use in the Leased Premises for ordinary lighting, personal computers, servers and workstations, light office equipment and the usual small business machines, including Xerox or other copying machines, during regular Business Hours. Landlord shall not be liable or responsible to Tenant for any loss or damage or expense that Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants, employees, contractors or invitees. Landlord shall have the right to adjust the charges to Tenant for the consumption of electric current to the Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Provider incurring any liability for any damage or loss sustained by Tenant as the Leased Premises if result of such consumption results in additional charges from the utility company based upon rates for demand usage or peak hour consumptiondiscontinuance. If any tax is imposed by any governmental authorities upon LandlordLxxxxxxx’s receipts from the sale or resale of electric current to TenantTenant by any Federal, Tenant covenants and state or municipal authority, Txxxxx agrees that, where permitted unless prohibited by law, TenantTxxxxx’s pro-rata share Percentage of such taxes shall be passed on to, and included in the xxxx bill of, and paid by, by Tenant to LandlordLandlord as Additional Rent. Landlord shall have the right from time to time to survey Txxxxx’s electrical consumption and deliver revised Bills based on such survey, which shall be paid by Tenant in the time and manner set forth herein.

Submetering. To the extent that the Leased Premises come to be supplied with electricity through Landlord shall, at Tenant's sole cost and expense, install a submeter, Tenant shall pay, in addition to Base Rentmeter or meters (collectively, the actual cost per kilowatt hour of electricity, without surcharge "Submeter") at a location designated by Landlord, based on Tenant’s actual usage determined on a submeter. Tenant shall also pay any actual costs, fees or charges billed to Landlord by any third party If and so long as a fee for delivering electricity through the submeter, or for reading the submeter and billing the submetered electricity. In the event it is necessary to install a submeter or submeters for the Leased Premises, the cost of such installation may be paid from the Work Allowance. The electric current shall be provided for is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant’s reasonable use in the Leased Premises for ordinary lighting, personal computers, servers and workstations, light office 's equipment and the usual small business machinesair conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, including Xerox Tenant will pay Landlord or other copying machinesLandlord's designated agent, during regular Business Hoursas additional rent for such service, the amounts, as determined by the Submeter, for the purpose of measuring Tenant's consumption and demand. Such service shall be computed at Landlord's Cost, plus a fee (the "Overhead Charge") equal to nine (9%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord shall not be liable or responsible may increase the Electricity Additional Rent based upon any increase in Landlord's Cost. Where more than one meter measures the electric service to Tenant for any loss or damage or expense that Tenant may sustain or incur if either (including such electric energy as is consumed in connection with the quantity or character operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service is changed or is no longer available or suitable rendered through each meter may be computed and billed separately as above set forth. Bills for Tenant’s requirements, unless caused by the gross negligence or willful misconduct of Landlord, its agents, servants, employees, contractors or invitees. Landlord Electricity Additional Rent (the "Bills") shall have the right to adjust the charges be rendered to Tenant for the consumption of electric current for the Leased Premises if at such consumption results in additional charges from the utility company based upon rates for demand usage or peak hour consumptiontime as Landlord may elect. If any tax is imposed by any governmental authorities upon Landlord’s 's receipts from the sale or resale of electric current to TenantTenant by any Federal, state or municipal authority, Tenant covenants and agrees that, where permitted unless prohibited by law, Tenant’s pro-rata share 's Percentage of such taxes shall be passed on to, and included in the xxxx bill of, and paid by, by Tenant to LandlordLandxxxx as additional rent.